October 22, 2022, 8:04 PM
October 22, 2022, 8:04 PM
A problem of dates and granting attributions that the National Institute of Statistics (INE) does not have are the two specific observations made by the lawyer, José Luis Santistevan, advisor to the Interinstitutional Committee, who said that this is the original error of the norm and proposed its modification.
“The core element is Decree 4546, which was approved when Law 1405 was not in force of the INE (Law of Official Statistics of the Plurinational State of Bolivia), in which they approve the day, hour, date and everything to the Census. We understand that this was a job that the Government should have carried out because it is a private competition where it sets the exact date, ”said the Committee advisor when he spoke in the dialogue that had been installed.
The problem is that Decree 4546 was enacted on July 21, 2021; while the Law 1405 was just enacted November 1, 2021According to the lawyer, the Decree gives powers to the INE that are not in the Law, therefore, a direct conflict would be generated to the INE itself.
At that point, the second observation of the legal advisor of the Santa Cruz entity entered, who said that Decree 4760 that sets the Census for 2024 skips the entire year 2023 without any explanation and gives deadlines to the INE, first to set the date of the Census and second to carry it out of the national survey itself.
(In decree 4760) “two articles have been removed that structurally change everything because they put 2024 on everything that says 2022, I don’t understand how technically the INE can say, ‘we do it in October, in November 2023‘ If everything has a timeline and a stage, that’s what needs to be changed. Let’s call it repeal or complement, but it is with another decree because the INE must be given a rule that allows it to work in coordination and not impose that day as the other decrees have been to carry out the Census, ”said the advisor in his intervention.
The lawyer explained that the statistical entity of the country cannot by itself set dates of completion because it is prevented from proposing regulations, because it is not its power, he said and mentioned article 6 of the Official Statistics Law (Law 1405), in which the INE obviously does not have the power to define dates, it only grants it the power to carry out censuses in the country.
With this explanation, those attending the dialogue agreed to an intermediate room to propose an alternative wording to the Decree that removes these two shortcomings that can cause legal problems. The amending wording of a new Supreme Decree is what caused the breakdown of the dialogue.